CRR-2560-2024 (O&M) -1- 118+249 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-2560-2024 (O&M) Date of decision :12.08.2025 SURENDER KUMAR ... petitioner(s) Versus STATE OF HARYANA & ANOTHER ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Vivek Goyal, Advocate for the petitioner. Mr. Vipul Sherwal, Asstt. A.G., Haryana. Mr. Balwan Singh, complainant-in-person. **** JASJIT SINGH BEDI, J. (ORAL) The present revision petition has been filed against the judgment dated 29.11.2024 passed by the Additional Sessions Judge, Kurukshetra, vide which the appeal preferred by the petitioner against the judgment of conviction and order of sentence dated 21.11.2018 passed by the Judicial Magistrate, 1st Class, Kurukshetra has been dismissed. 2. The brief facts of the case are that in discharge of his legal liability, the petitioner/accused issued a cheque bearing No.552820 dated 25.07.2016 for an amount of Rs.6,00,000/- in favour of complainant which came to be dishonoured. Pursuant thereto, the petitioner/accused came to be summoned under the provisions of the JITESH LAL 2025.08.13 13:58 I attest to the accuracy and integrity of this document CRR-2560-2024 (O&M) -2- 138 of the Negotiable Instruments Act, 1881 vide order dated 21.11.2018 passed by the JMIC, Kurukshetra. 3. The evidence was led and ultimately, the petitioner/accused was held guilty and accordingly, convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for a period of 06 months. The petitioner/accused was also ordered to pay double of the amount of cheque i.e. Rs.6,00,000/- as compensation to the complainant. In default of payment of compensation, the accused would further undergo simple imprisonment for a period of six months. 4. Aggrieved against the said judgment of conviction and order of sentence, the petitioner/accused preferred an appeal before the Additional Sessions Judge, Kurukshetra, which came to be dismissed on 29.11.2024. 5. Still aggrieved, the present revision petition has been preferred by the accused. During the pendency of the present criminal revision petition, a compromise has been arrived at between the parties on 11.08.2025. It would be relevant to mention here that a combined reading of Section 147 of the Negotiable Instruments Act alongwith Section 320 Cr.P.C. would establish that where a settlement has been effected, the offence under Section 138 of the Negotiable Instruments Act can be compounded on account of the fact that a mutual compromise has been effected between the parties. JITESH LAL 2025.08.13 13:58 I attest to the accuracy and integrity of this document CRR-2560-2024 (O&M) -3- 6. Mr. Balwan Singh, complainant-in-person has accepted the factum of the compromise and has stated that he has no objection if the petitioner is acquitted of the charges framed against him as against cheque amount of Rs.6,00,000/-, the settlement has been arrived at an amount of Rs.9,40,000/-. 7. I have heard the learned counsel for the parties. 8. This Court in ‘Ramesh Chander Vs. State of Haryana and another, 2007(1) RCR (Criminal) 245’ held as under:- “4. As per the provisions of Section 147 of the Act, the offence under Section 138 is compoundable. Section 147 reads as under:- “Offence to be compoundable- Notwithstanding anything contained in the Criminal Procedure Code, 1973(2 of 1974), every offence punishable under this Act shall be compoundable”. 5. The compounding of the offence under Section 138 can be done during the trial of the case as well as by the High Court or Court of Session while acting in the exercise of its power of revision under Section 401 Criminal Procedure Code Reference may be made to Section 320(6) Criminal Procedure Code in this regard. 6. Further, under Section 320(8) Criminal Procedure Code the composition of an offence shall have the effect of acquittal of the accused with whom the offence has been compounded.” 9. This Court in 'Vatsa Electronics Vs. Pala Ram & Anr. decided on 09.03.2022 in CRR-1585-2019' has also held that once a settlement is being effected, then in terms of Section 147 of the JITESH LAL 2025.08.13 13:58 I attest to the accuracy and integrity of this document CRR-2560-2024 (O&M) -4- Negotiable Instruments Act and Section 320 Cr.P.C., the accused ought to be acquitted as the offence stands compounded. 10. The admitted position is that the matter stands settled and the compromise/settlement between the parties dated 11.08.2025. The copy of the said compromise dated 11.08.2025 is marked as X. 11. In view of the above, since, the parties have voluntarily settled the disputes between themselves, it is a fit case for allowing them to compound the offence. 12. Accordingly, the revision petition is allowed and subject to payment of Rs.25,000/- as costs to be deposited with Sadhna Society for the Mentally Handicapped, Near Housing Board Chowk, Raen Basera Building, Manimajra, Sector 13, Chandigarh, the judgment dated 29.11.2024 passed by the Additional Sessions Judge, Kurukshetra as well as the judgment of conviction and order of sentence dated 21.11.2018 passed by the Judicial Magistrate, 1st Class, Kurukshetra are hereby set aside. The petitioner is acquitted of the charge under Section 138 of the Negotiable Instruments Act. 13. Since the main petition has been disposed of, no order needs to be passed in the pending application(s), if any. 14. The petition stands disposed of. (JASJIT SINGH BEDI) JUDGE 12.08.2025 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No JITESH LAL 2025.08.13 13:58 I attest to the accuracy and integrity of this document